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ALDRICH v. JOHNSON

No. 04-70039.

388 F.3d 159 (2004)

Donald Loren ALDRICH, Plaintiff-Appellant, v. Gary JOHNSON, Executive Director, Texas Department of Criminal Justice, et. al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Revised October 11, 2004.

Attorney(s) appearing for the Case

David R. Dow, Houston, TX, for Plaintiff-Appellant.

Carla Elaina Eldred, Austin, TX, for Defendants-Appellees.

Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM:

Appellant Donald Aldrich appeals dismissal of his lawsuit under 42 U.S.C. § 1983 alleging violation of the Eighth and Fourteenth Amendments challenging the constitutionality of Texas's execution protocol. The district court dismissed Aldrich's action for failure to state a claim upon which relief may be granted. We AFFIRM the district court's dismissal of Aldrich's action on alternate grounds.1

In Nelson v....

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